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Gender Plus One: Broadening Judicial Interpretation Of Gender-Based Social Group Formulations, Andrea Coutu
Gender Plus One: Broadening Judicial Interpretation Of Gender-Based Social Group Formulations, Andrea Coutu
Seventh Circuit Review
Individuals seeking asylum must prove past persecution or a well-founded fear of persecution on account of one of five protected grounds, one ground being membership in a particular social group. In Matter of Acosta, the Board of Immigration Appeals defined a social group as a group of persons who share an immutable characteristic, meaning a characteristic that is either unchangeable or fundamental to one's identity or conscience such that the person should not be required to change. Despite listing sex as an immutable characteristic in Acosta, courts are reluctant to accept social group formulations based on gender alone. …
Educating The Underground: The Constitutionality Of Non-Residence Based Immigrant In-State Tuition Laws, Alexander F.A. Rabanal
Educating The Underground: The Constitutionality Of Non-Residence Based Immigrant In-State Tuition Laws, Alexander F.A. Rabanal
Chicago-Kent Law Review
Recent political discourse on undocumented immigration has triggered questions regarding the extent to which the individual states are preempted from making undocumented immigrants eligible for certain state benefits. In-state tuition, in particular, has become a site of contentious debate. This Note examines whether states may, consistent with federal law and federal preemption principles, make undocumented students eligible to matriculate at public universities at the in-state rate. Part I of this Note provides historical background on the development of the federal exclusivity principle in matters of immigration law. Part II examines the federal laws against which immigrant in-state tuition laws are …